City Council Debates Noise Ordinance

The Effingham City Council held an at-times testy meeting Tuesday night, discussing whether a noise ordinance should be enacted and arguing over whether the procedure that regulates public comment at meetings should be amended.

The Council also discussed whether to have a public prayer at the start of their meetings, and heard a presentation from representatives of the Effingham County Cultural Center and Museum Association on funding needs.

The noise ordinance was proposed to give city police what Police Chief Mike Schutzbach termed another tool in their toolbox to quell disturbances.

City Administrator Jim Arndt said he'd researched the matter over the past three or four months. Arndt said the City had received 599 noise complaints since 2010, but didn't have the figures broken out as to how many complaints might have resulted from a single incident. 

There was no discussion of possible penalties for violations of the ordinance. Schutzbach said his officers work to mediate situations when complaints occur, but City Attorney Tracy Willenborg said there are some incidents when neither side wants to compromise and that's when the noise ordinance would be beneficial.

Wanda Pitcher of Tuscan Hills Winery said in their three years in business in Historic Hills on the City's northeast side that whenever there has been a concern, they've talked with their neighbors and complied. 

Paul Gutman of Legacy Harley-Davidson also said they've taken steps to be good neighbors including building a facility east of the Harley Barn to direct noise at events away from their residential neighbors. Mayor Merv Gillenwater confirmed that Legacy has been great to work with in such situations.

Pitcher's concern with an ordinance is that "noise is subjective"; different people will have different opinions as to what is too much noise.

More discussion on the proposal is expected.

The most acrimonious item on the agenda was whether to amend the protocol for public participation at Council meetings. Commissioners Matt Hirtzel, Brian Milleville and Alan Harris all said they have objections to the current practice of making citizens come to City Hall to pick up a Speaker Card so they can speak before the Council.

Milleville said he disagrees with citizens having to pick up the card ahead of time, saying that it "tips us (City officials) off as to what they'll share".

Gillenwater didn't disagree with knowing ahead of time why someone wants to speak, saying, "It helps us to be prepared."

There was also dialogue over whether there needed to be any speakers card or advance notice, and Hirtzel said he believes the present practice discourages public participation. Harris also said he doesn't like the requirement for advance notice, either, saying the speaker cards could be requested the night of the meeting.

Milleville said he'd like to take a crack at writing a proposed change in the requirement, so more discussion will be forthcoming.

Council members discussed whether to have public prayers at the opening of their meetings, as was suggested by Hirtzel. Willenborg said there needs to be assurance that certain individuals or groups are not discriminated against in determining who will lead in prayer. Harris said he was concerned the issue could open a can of worms. Gillenwater said he'd considered a moment of silence at the start of meetings and then individuals could pray or reflect or otherwise participate in a way with which they are comfortable. More to come on this issue as well.

Delaine Donaldson and Jim Lange of ECCCMA spoke with the Council about progress on the Courthouse Museum and requested $75,000 to help finance installation of restrooms on the second floor. Donaldson said finishing the second floor and restoring it to its early 1900s glory would give the Association the ability to hold fundraising events and expand the number of exhibits on display.

There was some support heard for the proposal; Hirtzel suggesting a multi-year pledge and Milleville saying that the group of volunteers has converted the old Courthouse into something that's an asset to the community. Harris said he's been won over to the cause and Althoff was supportive but cautioned against pledging funds into a future Council term. The current Council member terms end in 2015.

Council members agreed to vote next meeting on job descriptions for city employees; heard that bids on pavement marking in town will be opened July 8; decided to move ahead with outsourcing the processing of water and sewer bills at a reported cost savings; and heard that The Alliance will be addressing the Council at their next meeting, seeking funds for the City's annual membership in the economic development organization.

Also Tuesday, the Council awarded a bid to Larry Heuerman Trucking for oil and chip materials for city street repairs for $151,000; renewed an agreement with Bodine Electric for servicing city traffic signals; accepted a bid of $19,000 from Effingham Fence and Railing for a security fence at the Water Maintenance Building; appointed Sasha Althoff as Economic Development Specialist for the City retroactive to June 23; and approved a grant of up to $75,000 to Versatech with the promise of at least 20 new jobs at the plant.

The Council approved a contract with the Illinois FOP Labor Council retroactive to May 2013 and through April 2016. The City and the FOP, which represents city police officers, went to binding arbitration and the arbitrator ruled in favor of the FOP's request for a 2.5% pay hike each year and a hard cap on what employees will contribute toward health insurance premiums.

Council members approved an agreement with the State whether the City would be reimbursed up to $154,000 of the cost of extending Thies Avenue in the area of John Boos' new location off South US 45, and approved a grant of $119,000 to Lake Land College for a new training lab to be located at Effingham High School for a manufacturing skills class set to begin in the 2015-16 school year. The agreement with the developers of Roy Schmidt Honda's dealership along the Fayette Avenue interchange was amended so the funds committed to the project by the City could go to First National Bank of Dieterich